Part II. LEGAL MEASURES

Acts

Act C. of the year 1997 on the electoral procedure*

According to the Constitution of the Republic of Hungary suffrage is universal and equal, voting is direct and secret. In order that exercising of the right to vote and electoral, referendum and popular initiative procedures shall be democratic and provided with the appropriate guarantees, the Parliament frames the following act:

PART I.

GENERAL PROVISIONS

CHAPTER I.

BASIC RULES

Purpose of the act

§ 1. The purpose of this act is that voters, candidates, organisations presenting candidates and electoral authorities shall exercise their right to vote based on uniform, clearly arranged and simple procedure rules within legal scope.

Scope of application of the act

§ 2. This act is to apply in the event of:

a) election of Members of Parliament,

b) election of municipality representatives and mayors and minority municipality members,

c) national and local referendum,

d) national and local popular initiative and

e) electoral procedures in case of which application of this act is ordered by a rule of law [items a)-e) together: election].

Basic principles of the electoral procedure

§ 3. Upon application of the rules of the electoral procedure participants concerned in the election shall realise the following basic principles:

a) preservation of electoral fairness, prevention from electoral fraud,

b) voluntary participation in presenting candidates, the election campaign and voting,

c) equal chances of candidates and organisations presenting candidates,

d) bona fide and proper legal practice,

e) possibility and impartial judgement of legal remedy,

f) rapid and authentic evaluation of results of the election

General rules

§ 4. (1) Elections shall be called at least 72 days before the election day.

(2) In case the electoral committee or court has a voting repeated, the electoral committee shall call the repeated voting for the seventh day after the voting to be repeated.

(3) Deadlines declared in this act are subject to loss of right, they expire on the last day of the deadline at 16 o'clock unless the law orders else.

(4) Deadlines counted in days shall be calculated according to calendar days.

§ 5. Expenses of execution of state tasks in connection with preparation for and completion of elections shall be covered from the central budget inasmuch as designed by the Parliament. The State Audit Office informs the Parliament on the usage of these financial resources.

CHAPTER II.

PUBLICITY OF THE ELECTORAL PROCEDURE

§ 6. (1) Operation and activity of electoral committees and data at the disposal of electoral committees are public with exceptions defined in the law. Publicity of the electoral procedure may not violate the secrecy of voting, personal rights and those in connection with the protection of personal data.

(2) Copies of the minutes recording the results of elections shall be put at the disposal of organisations nominating candidates and independent candidates free of charge. Computer data of elections are available to anybody upon payment of a fee with the same conditions.

(3) Proper electoral offices shall publish a statement on the particulars of elections §venue and date of voting, candidates, publication of the register of the voters, the manner of voting, the results of elections).

(4) Names of the members of the electoral committee and the leader of the electoral office and address of the office premises of electoral authorities shall be published in the locally usual manner, names of the members of Parliament single-member constituency and local electoral committees also in official periodicals of capital and county general assemblies, data of National Electoral Committee in Magyar Közlöny.

(5) Electoral offices shall assure that voters may obtain general information on particulars of elections, the manner of voting and response for their questions.

(6) Electoral offices may give information on the number and rate of voters on election day before the end of the election.

§ 7. Representatives of the media may be present at the work of electoral committees but they may not disturb their activity.

§ 8. (1) Results of public opinion researches in connection with elections may not be published from the eighth day before election day until the end of the election.

(2) Public opinion researches may only be carried out on election day with the following conditions:

a) public opinion researches may only be anonymous and based on voluntary principle,

b) public opinion researchers may not enter buildings where a polling-place is situated or disturb voters in any manner, they may only ask those leaving polling-places.

CHAPTER III.

CONSTITUENCIES, ELECTORAL DISTRICTS

§ 9. (1) Constituencies shall be formed in a manner that number of inhabitants be approximately identical in each constituency.

(2) In forming constituencies minority, religious, historical, geographical and other characteristics must be taken into consideration.

§ 10. (1) Number, serial number and geographical arrangement of constituencies and address of polling places are to be designed by the leader of the local electoral committee in a manner that each constituency shall have approximately six hundred but at most one thousand two hundred voters and each settlement shall have at least one constituency. Leaders of local electoral offices shall continuously pay attention to changes concerning the forming of constituencies and take measures accordingly.

(2) At settlements with two or more electoral districts an electoral district shall be designed where voters with addresses containing only the name of the given settlement according to the law on address registration may vote. At settlements with two or more constituencies the leader of the local electoral committee shall design an electoral district belonging to the constituency drawn by him or her.

§ 11. Neither serial number or boundary of settlement, constituency or electoral district, nor name of settlement or street, nor street-number, nor number in cadastral survey may be altered from the call elections until election day.

CHAPTER IV.

RECORDING RIGHTS OF VOTING

Register of voters

§ 12. Leaders of local electoral offices shall compose a register of the voters with a right of voting after call election based on data of records on personal data and addresses and records on major citizens without a right of voting and continuously record changes therein.

§ 13. (1) All persons with a right of voting that are domiciled or lacking this have a residence §hereinafter referred to as address) in the electoral district must be included in the register of voters.

(2) Registers of voters shall be composed in a manner that they fit for identifying the capital, county, settlement and constituency, electoral district and voter. Registers of voters shall contain the following data of voters>

a) family and first name §in case of women maiden family and first name also)

b) personal identity number,

c) address,

d) serial number in the register of voters,

e) date of birth of voters with the same name and address or in the event that it is identical, another natural personal identifying datum.

Publication of the register of voters

§ 14. (1) The register of voters shall be published for a period of eight days 60 days before election day and the period thereof shall be announced as locally usual. Voters must be informed on their having been included in the register of voters by way of sending an announcement thereon not later than on the 58th day before election day.

(2) This announcement shall contain family and first name, address, personal identity number, serial number in the register of a voter, other technical data, venue and date of voting and other particulars of voting.

(3) Registers published may not contain personal identity numbers.

(4) Leaders of local electoral offices may charge other local electoral offices, administrators or central offices of local system of records on personal data and addresses of technical preparation of announcements and /// designation papers. Heads of local electoral offices shall assure that announcements and designation papers be sent. Heads or members of organisations nominating candidates may not be charged of sending announcements or designation papers.

(5) Heads of local electoral offices shall check delivery of announcements and designation papers.

(6) Voters not having obtained an announcement or a designation paper may require them from the local electoral office.

Alternations of registers of voters

§ 15. (1) Voters

a) illegally left out from the register of voters,

b) having won a right to vote after the completion of the register of voters and

c) having regained a right to vote

shall be recorded in the register of voters by heads of local electoral offices and informed thereon by way of announcements.

(2) Heads of local electoral offices shall erase from registers of voters those deceased or having left a right to vote or having been included in a registry of voters of another constituency because of alternation of address.

(3) Modified registers of voters shall be available at mayor's offices until the second day before election day.

§ 16. (1) Voters having altered their address after the completion of the register of voters shall be included in the register at the time of registration on arrival and informed thereon by being handed over an announcement thereof by the head of the local electoral office of the new domicile.

(2) The head of the local electoral office shall with no delay inform the head of the local electoral office of the previous domicile thereon so that erasing from the register may be carried out. The head of the local electoral office of the previous domicile shall inform the head of the local electoral office ex officio that the citizen

a) is included in the register of voters or

b) is included in the register of major citizens not having a right to vote and the reason thereof or

c) has obtained a certificate according to § 89. or § 104. or

d) is not included in either the register of voters or the register of major citizens not having a right to vote.

(3) In the case described in items a) and b) of paragraph §2) the head of the local electoral office of the previous domicile shall erase the citizen from the register of voters or from the register of major citizens not having a right to vote.

(4) In the case described in item b) of paragraph (2) the head of the local electoral office of the new domicile shall erase the citizen from the register of voters, include him or her in the register of major citizens not having a right to vote and inform the citizen thereon.

(5) In the case described in item c) of paragraph (2) the head of the local electoral office of the new domicile shall erase the citizen from the register of voters and inform him or her thereon.

(6) In the case described in item d) of paragraph (2) the head of the local electoral office of the new domicile hall determine the validity of the right to vote based on consultation with the central office of records on personal data and addresses.

Records on major citizens not having a right to vote

§ 17. (1) In order that rights to vote be determined authorities designed in items a)-c) shall continuously inform the central office of records on personal data and addresses on alternations of data according to paragraph (2) of major citizens not having a right to vote as follows:

a) The public guardianship authority acting in connection with the guardianship action on putting under guardianship limiting or excluding power of disposal and termination thereof,

b) National Law Enforcement Authority by way of the authority registering criminals on persons falling within an effectual verdict of injunction from public affairs,

c) National Law Enforcement Authority on citizens at imprisonment and under forced medical treatment ordered effectually in a criminal procedure.

(2) Information according to paragraph (1) shall contain the following data of a citizen:

a) family and first name §in case of women also maiden family and first name),

b) personal identity number,

c) reason for, beginning and expected termination of exclusion from those having a right to vote.

(3) Central office of records on personal data and addresses shall maintain records of major citizens not having a right to vote with data provided according to paragraph (1) and assure maintenance of personal identifying and address data by regularly obtaining data from the records on personal data and addresses.

(4) Data of citizens having regained a right to vote shall be erased from the records. Data of citizens erased from the register of major citizens not having a right to vote shall be guarded for six months from erasure.

§ 18. (1) Register of major citizens not having a right to vote shall be managed by the managing authority separated from other registers - except for the register of voters and may only be used for determining rights to vote, no data may be provided therefrom for any other purpose.

(2) Central office of records on personal data and addresses may provide data from the register of major citizens not having a right to vote for conduct of elections, authenticating data of signers of referendum initiatives and popular initiatives and the procedure of electing electoral committees, electoral offices and courts and people's assessors for mayors.

(3) Central office of records on personal data and addresses shall check candidates' right to vote based on data of register of major citizens not having a right to vote and records on personal data and addresses and immediately inform the proper electoral committee on eventual lack of right to vote.

(4) Central office of records on personal data and addresses may check rights to vote of elected Members of Parliament based on data of register of major citizens not having a right to vote and records on personal data and addresses and immediately inform the proper electoral committee on eventual lack of right to vote.

§ 19. In order that rights to vote be determined, register of major citizens not having a right to vote may be linked with local, district and central records on personal data and addresses - concerning residents of the constituency concerned in elections - from the day of calling for elections until publication of final results thereof. Linking shall immediately be terminated after deadlines for legal remedies in connection with elections.

§ 20. Register of major citizens not having a right to vote is not public; it is only available to the person concerned and members of court, electoral committee and electoral office.

CHAPTER V.

ELECTORAL AUTHORITIES

Electoral committees

§ 21. (1) Electoral committees are authorities of voters and subject solely to law whose primary tasks are to determine election results, assure fairness and legalness of elections, enforce impartiality and - in case of necessity - restore legal order of elections.

(2) Electoral committees:

a) returning board,

b) local electoral committee,

c) parliamentary single-member constituency electoral committee,

d) district electoral committee,

e) National Electoral Committee.

(3) Electoral committees are considered during their operation as authorities, their members as official persons.

(4) Members of electoral committees shall be exempt from obligation to work described in law the day after election day and be paid average wages by their employer for this time. Employers may claim for compensation for wages of members of electoral committees from electoral offices within five days after election day or in case of returning boards from local electoral offices.

Members of electoral committees

§ 22. (1) Except for § 24., § 25. and paragraph (3) and (4) of § 27. only citizens having an address in the constituency - in case of local electoral committee in the settlement - may be members of respective electoral committees.

(2) No President of the Republic, state leader, head of administration office, Member of Parliament, President of county general assembly, Mayor, clerk, county recorder, town clerk, Member of electoral office, civil servant of administration authorities operating in the field of electoral committees or candidate putting up for elections in the constituency may be a Member of Electoral Committees.

(3) In addition to those described in paragraph (2) no member of an organisation nominating a candidate in the constituency or person having family relationship of a candidate putting up for elections in the constituency may be a Member of Electoral Committees.

(4) Persons in a family relationship with one another may not be Members of Electoral Committees that may be connected in a decision or judgement on a decision in a legal remedy procedure.

§ 23.(1) Representative board of settlement municipality shall elect three Members and the necessary number of additional Members after the call for general elections of Members of Parliament not later than the twentieth day before election day; heads of local electoral offices shall make proposals for the persons of Members. No separate returning board shall be elected in settlements with one electoral district [ item l) of paragraph § 31. (2)].

(2) Representative board of settlement municipality shall elect three - at settlements with one constituency five - members and necessary number of additional members of local electoral committee after the call for elections of municipality representatives and mayors not later than 51 days before election day; heads of local electoral offices shall make proposals for the persons of Members.

(3) Capital and county general assemblies shall elect three members respectively of Parliamentary single-member constituency and district electoral committees; heads of district electoral offices shall make proposals for the persons of Members.

(4) The Parliament shall elect five members and the necessary number of additional members of the National Electoral Committee; the Minister of Home Affairs shall make proposals for the persons of members taking into consideration proposals of parties.

(5) Elected members of committees according to paragraph §3) and §4) shall be elected after the general call for elections of Members of Parliament not later than 51 days before election day.

§ 24. In the event that members of returning board or local electoral committee have not been elected until the deadline determined by law because of low number of inhabitants or incompatibility rules or because representative board has been inhibited in its operation, members shall with immediate effect be charged by district electoral committee upon proposal of the head of the local electoral committee.

§ 25. (1) In addition to members mentioned in § 23., one respective member of the electoral committee shall be charged by organisation nominating a candidate or list in the given constituency and the independent candidate.

(2) These charged members of electoral committees shall be declared to heads of electoral committees not later than 16 days before election day.

§ 26. (1) Charge of elected members of electoral committees shall expire at statutory meeting of the electoral committee established for the next election determined in § 23.

(2) Charge of charged members of electoral committees shall expire upon publication of final results of elections except for cases included in paragraph (3).

(3) Members charged according to § 25. by parties establishing representative groups at statutory meeting of Parliament of the National Electoral Committee shall expire at the time determined in paragraph (1) or upon termination of the given representative group. Parties not having charged a member of the National Electoral Committee according to § 25. and having established a representative group may charge one member whose charge shall expire at the time determined in paragraph (1) or upon termination of the given representative group.

(4) In addition to cases included in paragraphs (1)-(3) charge of members of electoral committees shall terminate:

a) if legal conditions of charge have terminated,

b) if incompatibility of a member is determined by electoral committees,

c) upon demission,

d) upon withdrawal of charge.

§ 27. (1) In case an elected member of electoral committees deceases or loses his or her charge for reasons determined in paragraph (4) of § 26, his or her position shall be filled by an additional member. In lack of additional member representative board of settlement municipality, capital or county general assembly or their committees designed by them, or, in case of the National Electoral Committee the Parliament shall elect a new member.

(2) In case a charged member of electoral committees deceases or loses his or her charge for reasons determined in paragraph (4) of § 26, the organisation nominating a candidate, the independent candidate or the representative group may charge a new member.

(3) Orders of § 24. are to be followed in case no new member of returning board or local electoral committee has been elected for reasons described there.

(4) In the event that number of members of returning board is less than five on election day, head of the local electoral office shall complete it by adding from among the additional members or members of other returning board. If completion of returning board is not possible in this manner, head of district electoral office shall provide for it by charging members or additional members taken an oath of returning board of other settlement.

§ 28. (1) Members of electoral committee shall take an oath in the presence of the respective mayor, the mayor of the capital, the president of the county general assembly and the president of Parliament. Wording of this oath is determined by appendix 1.

(2) After their members having been elected and having taken the oath, electoral committees shall hold a statutory meeting. President and vice-president shall be elected from among elected members at this statutory meeting.

(3) Electoral committees shall be represented by their presidents. In case of electoral committees without a president or with a president inhibited in his or her activities, tasks of president shall be carried out by the vice-president.

(4) Rights and obligations of elected and charged members are the same with the difference that charged members shall not obtain a fee.

Decision of electoral committees

§ 29.( 1) Electoral committees shall operate as bodies, presence of majority of members and identical voting of majority of members present are necessary for their decisions. Voting shall be carried out by yes or no.

(2) Decisions of electoral committees shall be included in resolutions with justifications. Minority opinions along with justifications are to be recorded in the minutes.

Returning boards

§ 30. (1) Returning boards shall consist of at least five members.

(2) Returning boards shall

a) check polling-places, conduct voting, provide for legal conduct of voting,

b) make decisions on discussed questions emerging during voting,

c) count votes and determine results of election in the given constituency,

d) propose annulation of results of election in the given constituency if influencing violation of the law is detected,

e) make an official report on the results of election.

Local electoral committee § 31. (1) Local electoral committees shall consist of three, at settlements with one constituency five, members.

(2) Local electoral committees shall:

a) make decisions on registration or refusal of candidates, lists and organisations nominating candidates,

b) draw lots on serial numbers of lists,

c) approve data contents of ballot-papers of settlements,

d) make decisions on complaints submitted,

e) annul results of election if influencing violation of law is detected,

f) in case of equal numbers of votes draw lots on which candidate shall obtain a seat,

g) determine and publish results of election,

h) issue a letter of charge to representatives and mayor in its scope,

i) call for by-elections and determine its deadlines according to the calendar,

j) initiate a decision of the proper authority in case of a violation of law,

k) call for local minority municipality elections,

l) carry out tasks of a returning board at settlements with one constituency.

Parliamentary single-member constituency electoral committee

§ 32. (1) Parliamentary single-member constituency electoral committees shall consist of at least three members.

(2) Parliamentary single-member constituency electoral committees shall:

a) make decisions on registration or refusal of candidates and organisations nominating candidates,

b) approve data contents of ballot-papers of constituencies,

c) make decisions on complaints submitted,

d) annul results of election if influencing violation of law is detected,

e) determine and publish results of election,

f) issue a letter of charge to parliamentary single-member constituency representatives,

g) initiate a call for by-elections at the National Electoral Committee,

h) initiate a decision of the proper authority in case of a violation of law.

District electoral committees

§ 33. (1) District electoral committees shall consist of at least three members.

(2) District electoral committees shall:

a) make decisions on registration or refusal of lists and candidates therein and organisations nominating candidates,

b) draw lots on serial numbers of lists,

c) approve data contents of ballot-papers of an electoral district,

d) make decisions on complaints submitted,

e) annul results of election if an influencing violation of law is detected,

f) determine and publish results of election,

g) issue letter of charge to representatives in its scope,

h) initiate a decision of the proper authority in case of violation of law.

National Electoral Committee

§ 34. (1) The National Electoral Committee shall consist of at least five members.

(2) The National Electoral Committee shall:

a) issue a standpoint for the uniform interpretation of rules related to elections and the forming of a uniform legal practice; no legal remedies are to be solicited against this standpoint; this standpoint must be published in Magyar Közlöny.

b) make decisions on registration or refusal of lists, candidates therein and organisations nominating candidates,

c) draw lots on serial numbers of lists,

d) approve data contents of ballot-papers of national referenda,

e) make decisions on complaints submitted,

f) annul results of election if an influencing violation of law is detected,

g) determine which organisations nominating candidates have reached the vote limit percentage determined in law,

h) determine which candidates on national lists have obtained seats based on fragment votes summarised nationally,

i) issue letters of charge to representatives having obtained seats,

j) determine and publish nationally summarised results of election,

k) call for parliamentary by-elections and determine its deadlines according to the calendar,

l) initiate decisions of the proper authority in case of violation of law,

m) give the Parliament an account on general elections of Members of Parliament, municipality representatives and mayors and national referenda,

n) operate in all affairs in its scope by law.

Electoral offices

§ 35. (1) Electoral offices are authorities carrying out state tasks in connection with preparations for, organisation and conduct of elections, party-independent information of voters, candidates and organisations nominating candidates, management of election data, establishment of technical conditions, checking of legal conditions and keeping of professional rules.

(2) An electoral office shall operate beside each electoral committee except for returning boards. One member of the local electoral committee shall operate beside returning boards as keeper of minutes.

(3) Heads of local and parliamentary single-member constituency electoral offices shall be the respective clerks, heads of district electoral offices shall be the respective county recorders.

§ 36. §1) Members of electoral offices shall be charged for an undetermined period by the head of the electoral office, members of the National Electoral Office by the Minster of Home Affairs.

(2) Heads of electoral offices shall take an oath in the presence of heads of their superior electoral offices. Members of electoral offices and the head of the National electoral Office shall take an oath in the presence of their charger upon charge. Wording of the oath is determined by appendix 1.

§ 37. §1) Civil servants and officers may be charged members of electoral offices.

(2) No Member of Parliament, president of county general assembly, mayor, member of electoral committee, person putting up for the election in the constituency, family relation of such or member of an organisation nominating candidates in the constituency may be a member of electoral offices.

(3) In case a reason for exclusion emerges against a head of an electoral office, he or she shall with no delay inform the head of the superior electoral office thereon - the head of the National Electoral Office the Minister of Home Affairs - who shall nominate a new leader for the office. Members of electoral offices shall with no delay inform on reasons for exclusion emerging against him or her the head of the electoral office who shall exempt him or her.

§ 38. (1) Electoral offices shall

a) publish an announcement on the day of the election, particulars of voting, nominating and electing and number of recommendations needed for a valid candidature,

b) publish names of candidates and organisations nominating candidates in the constituency and facts of independent nominations,

c) publish names of members of electoral committees and head of electoral offices and address of official premises of electoral authorities,

d) organise briefing of members of electoral authorities, provide for a party-independent information of voters,

e) operate information systems of elections,

f) carry out technical tasks related to checking of recommendation of candidates,

g) operate the computer program detecting electoral frauds,

h) carry out other tasks determined by the provision of the Minister of Home Affairs.

(2) Electoral offices may publish public utility publications and announcements within their scope.

§ 39. (1) Professional activities of electoral offices shall be controlled by the Minister of Home Affairs by way of the head of the National Electoral Office.

(2) The head of the National Electoral Office may give direct instructions related to the carrying out of their tasks determined in this act to heads of other electoral offices, heads of district electoral offices in their district to heads of parliamentary single-member constituency and local electoral offices, heads of parliamentary single-member constituency electoral offices in their area to heads of local electoral offices.

(3) Heads and members of electoral offices may not be given instructions to carry out tasks related to the preparations for, and the conduct of elections by mayors, representative boards, general assemblies and their clerks.

CHAPTER VI.

ELECTION CAMPAIGN

Period of campaign

§ 40. (1) The period of election campaign shall be between the call for the election and 0 o'clock of the day before election day.

(2) Election campaign is prohibited after 0 o'clock of the day before election day (campaign ban).

Violation of campaign ban § 41. Influencing voting intentions of voters, especially services rendered by candidates or organisations nominating candidates free of charge to voters (organised transport to voting, supply of food or drink), distribution of party badgers, banners, party symbols, objects containing photos or names of candidates, placing of election posters (hereinafter referred to as poster), provision of information influencing voting intentions in electronic or other way are regarded as violation of campaign ban.

Posters

§ 42. (1) Organisations nominating candidates and candidates may produce posters without a permission until the end of election campaign. Posters are regarded as press products that may be produced without a permission or notification. Rules related to press are to be applied for posters.

(2) Posters may be placed without limitation except for the exceptions determined in paragraphs (3)-(6).

(3) Posters may be placed on walls of buildings or fences solely with the permission of the proprietor, tenant or - in case of properties possessed by the state or a municipality - exerciser of property management right.

(4) Local municipality or in the capital the capital municipality may forbid placing of posters in some public buildings or specified parts of public area for reasons related to protection of monuments or environment. Placing posters is prohibited on or inside buildings housing state or municipality authorities.

(5) Rules on usage of public area are to be applied for placing individual advertising equipment serving election campaign.

(6) Posters shall be placed in a manner that they shall not cover posters of other candidates and organisations nominating candidates and be removable without causing damage. Posters must be removed within 30 days after the election by their placers or by whose interest they have been placed for.

Meetings

§ 43. (1) Electoral meetings are public. Order is maintained by the organiser of the meeting.

(2) State and municipality publicly financed authorities may put premises and other necessary equipment at the disposal of candidates and organisations nominating candidates with equal conditions. Election campaign and electoral meetings are prohibited in buildings housing state or municipality authorities except for settlements with less than 500 inhabitants in case no other public building is available.

Broadcasting on the radio and television

§ 44. (1) Program providers may publish political advertisement for candidates and organisations nominating candidates with equal conditions in the campaign period. No opinions or evaluating explanations may be added to political advertisements.

(2) Law on radio and television shall be applied for participation of program providers in election campaign.

Provision of data

§ 45. (1) Central office of records on personal data and addresses shall give candidates and organisations nominating candidates family and last names and addresses of voters registrated upon request after the 20th day before election day upon payment of a fee with equal conditions. This service may be required categorised by gender, age or address.

(2) The head of the local electoral office shall give a copy of the published register of voters to candidates and organisations nominating candidates upon written request after the 20th day before election day upon payment of a fee with equal conditions.

(3) Data of the provision of data based on paragraph (1) and (2) may solely be used for the purpose of election campaign. Usage for other purpose, giving them to unauthorised persons, organisations, other candidates or organisations nominating candidates are prohibited. Data of the provision of data are to be annihilated on election day and minutes taken thereof shall be given to data provider within three days.

§4) Beside heads of local electoral offices and central offices of records on personal data and addresses no state or municipality authority may provide data from their own records to candidates or organisations nominating candidates for the purpose of election campaign.

CHAPTER VII.

RECOMMENDATION

§ 46. (1) Candidates may be recommended on recommendation papers. Recommendation papers are to be delivered to voters along with announcements.

(2) All voters having a domicile in the constituency may recommend a candidate.

(3) Candidates may be recommended until the 23rd day before election day.

(4) Recommendation may not be withdrawn.

§ 47. (1) Recommendation papers contain naming of election, name and serial number of constituency and family and last name of voter.

(2) Recommending voters shall write his or her address, personal ID, a signature, the family and last name of the person recommended and the name of the organisation nominating or the fact of independence on the recommendation paper.

§ 48. (1) Recommendation papers may be collected anywhere without annoying citizens except for the exception in paragraph (2).

(2) No recommendation papers may be collected:

a) at work during completion of obligation to work originating from work relationship or other legal relationship directed at practice of work,

b) from persons at a serving relationship with armed forces or police authorities at service,

c) on public transportation means,

d) in official premises of state and local municipality authorities.

(3) No advantage may be granted or promised to the recommender for the recommendation, asked for for recommendation or accepted for recommendation.

Common candidate

§ 49. (1) Common candidates may only be nominated based on recommendation papers that list the names of all organisations nominating the given candidate.

(2) Several nominating organisations nominating common candidates are to be regarded as one nominating organisation from the aspect of the election.

Invalid recommendation

§ 50. (1) Recommendations

1 a) not handled over on official recommendation papers,

b) not handled over on a recommendation paper filled in according to paragraph (2) of § 47.,

c) collected violating the rules of recommendation are invalid.

(2) All recommendations of persons recommending the same candidate several times are invalid.

(3) All recommendations of persons recommending several candidates are invalid.

Submission of nominating organisations for registration

§ 51. (1) Nominating organisations wishing to nominate a candidate or a list are to be submitted for registration with authenticated copies of their registration at court as follows:

a) at the National Electoral Committee in case the nominating organisation wishes to nominate candidates or lists in the area of several counties or the capital and any county,

b) at district electoral committee in case the nominating organisation wishes to nominate candidates within one county or the capital in several parliamentary single-member constituency or settlements,

c) at parliamentary single-member constituency electoral committee or local electoral committee in case the nominating organisation wishes to nominate candidates in one parliamentary single-member constituency or one settlement.

(2) The National Electoral Office shall keep a register on nominating organisations submitted for registration and registered.

(3) Only nominating organisations submitted for registration according to paragraph (1) and registered according to § 55. may nominate candidates or lists.

Submission of candidates for registration

§ 52. (1) Candidates are to be submitted for registration at the proper electoral committee not later than 23rd day before election day by furnishing recommendation papers.

(2) Submissions shall contain family and last name, personal ID, address and declaration of candidates on:

a) having a right to vote,

b) accepting nomination,

c) having no position incompatible with charge of representative or mayor, or, in case elected, willing to renounce thereof.

(3) In case two or more voters with identical family and last names wish to put up for the election, the person submitted later is obliged to assure a possibility to be differentiated from the candidate submitted before by using letters or a second last name.

Submission of lists for registration

§ 53. (1) Lists are to be submitted for registration by handing over a certificate according to paragraph (1) of § 55. certifying submission for registration or registration of a necessary number of candidates or lists for nominating a list.

(1 Provisions in paragraph (2) of § 52. are to be applied for candidates in lists.

(3) Order of candidates in the list are to be determined by the nominating organisation and may not be modified after the submission of the list. Positions of candidates fallen out of the list are to be filled with the candidate next in the list.

Checking of recommendations

§ 54. (1) Recommendations are to be checked by proper electoral committees.

(2) Checking of recommendations means checking of numbers and conditions described in paragraph (2) of § 46., items a)-b) in paragraph (1) and paragraph (2) and (3) of §50. and identification of voters providing recommendation papers.

Registration of nominating organisations, candidates and lists

§ 55. (1) A certificate is issued on submission for registration of nominating organisations, candidates and lists by electoral offices, on registration thereof by electoral committees.

(2) Electoral committees shall register all nominating organisations, candidates and lists complying with legal conditions within three days after submission for registration.

§ 56. (1) Electoral committees shall refuse registration of nominating organisations that do not comply with legal conditions.

(2) Electoral committees shall refuse registration of candidates in case their nomination does not comply with legal conditions or the candidate has not made declarations ordered by law.

(3) Electoral committees shall refuse registration of lists in case nomination does not comply with legal conditions.

Provisions related to candidates

§ 57. Voters recommended to be a candidate in several places within one type of nomination shall declare which nomination he or she will accept not later than 19 days before election day.

§ 58. Voters renouncing from nomination in writing before the election, losing the right to vote or deceased shall fall out. Names of fallen candidates shall be erased from the register of candidates and ballot-papers.

Protection of data related to recommendations

§ 59. §1) No copy may be made of recommendation papers. Technical records made in order that validity of nomination be determined is not regarded to be copies.

(2) Data of nomination related to recommending persons are not public. In case of complaint in connection with nomination electoral committees, electoral offices and courts may check data of recommendation papers and technical records.

(3) Recommendation papers and technical records shall be annihilated by electoral offices on election day.

(4) Electoral committees may check rights to nominate of nominating organisations in the records on social organisations registered at court.

§ 60. Candidates must annihilate recommendation papers not submitted within three days after the expiration of the deadline of submission and make minutes thereof. These minutes shall be given to electoral committees within three days.

CHAPTER VIII.

VOTING

Time and venue of voting

§ 61. (1) Voting may be exercised on election day from 6 o'clock until 19 o'clock. In case local circumstances justify it, local electoral committees and parliamentary single-member constituency electoral committees may order voting to commence at 5 o'clock.

(2) Voting may be exercised solely in person and in the polling-place designed according to the domicile of voters with exception mentioned in this act.

(3) Voters encumbered in movement shall be visited by at least two members of returning boards upon request so that he or she may vote.

(4) Polling-places may not be closed during the period of voting, voting may not be prolonged or, - except for exceptional events -, paused. In case number of members of returning board increases below three or voting becomes impossible due to unavoidable external reason, those present are obliged to suspend voting, put the urn and the documents under arrest and with no delay inform the head of the local electoral office on the suspension in order to assure legal continuation of voting.

§ 62. (1) Polling-places may not be in buildings used by candidates or nominating organisations.

(2) The necessary number of, - but at least two - polling-booths for smooth running of voting must be established in each polling-place. Pens are to be placed in polling-booths for voting.

(3) Two or more urns are to be installed in each polling-place for voting.

Commencement of voting

§ 63. After placing election documents and prints no one may stay in polling-places until the commencement of voting except for members of returning boards and electoral offices.

§ 64. (1) Returning boards shall examine the state of urns in the presence of the citizen voting first - who may not be a member of a returning board - before the commencement of voting. The results of this examination is to be recorded in the official report on voting.

(2) Urns must be locked in the presence of the citizen voting first in a manner that no ballot-paper may be removed therefrom without taking the urn into pieces. Following this the returning board shall place in the urn a checking sheet containing the time of placing the checking sheet and signatures of members present of the returning board and the citizen voting first.

Manner of voting

§ 65. (1) Presidents of returning boards are held responsible for the maintenance of order in polling-places and their surroundings on election day; their arrangements for the maintenance of order is compulsory for everyone.

(2) Voters may stay in polling-places solely for the time necessary for exercising their rights to vote during voting.

§ 66. (1) Only citizens listed in the register or taken into the register by the returning board may vote in polling-places.

(2) Returning boards shall determine identity of persons wishing to vote and whether they are listed in the register based on a certificate proper for determining personal identification and address. Returning boards shall take into the register of voters citizens that:

a) possess a certificate,

b) certify having a domicile in the area of the constituency provided not being listed in the register of major citizens not having a right to vote.

(3) Returning boards shall refuse citizens that are unable to properly certify their personal identity and address or may not be taken into the register of voters because of lack of legal conditions. Returning boards shall keep a register of these persons.

§ 67. (1) If no barrier emerges to voting, returning boards shall hand over to voters the ballot-paper which they supply with an official seal in the presence of the voter.

(2) In case of necessity returning boards shall explain the manner of voting without influencing voters.

(3) In case a candidate fall out after the completion of ballot-papers, returning boards are bound to inform voters thereon by way of an announcement in the polling-place and in case of necessity orally. Names of candidates fallen out shall be crossed out in ballot-papers.

(4) Voters shall certify obtaining a ballot-paper by signing the register of voters. Two members of returning boards shall sign the register instead of illiterate voters and mention this fact therein.

§ 68.(1) Polling-booths shall be at the disposal of voters to fill the ballot-paper. Voters may not be obligated to use polling-booths.

(2) Only the voter may stay in the polling-booth while filling the ballot-paper. Voters unable to read or inhibited from voting by a bodily handicap or other reason may ask for the assistance of another voter, or, in lack of this, two members of the returning board.

§ 69. (1) Voting is only valid for candidates, lists or referendum questions §in this chapter together: candidate) listed on the official ballot-paper. Samples of ballot-papers are determined by appendices 2-9.

§2) Candidates may be voted for by two intersecting lines written in pen in the circle under, above or beside the name of the candidate.

(3) Ballot-papers that:

a) are not supplied with an official seal, or

b) contain more votes than determined by law, are invalid.

(4) Votes that:

a) are handed over on an invalid ballot-paper according to paragraph (3), or

b) are not handed over according to paragraph (2), or

c) are for candidates fallen out, are invalid.

(5) Validity of a vote is not affected by the fact that any note is on the ballot-paper, order of candidates are modified, names of candidates are erased or added in case of compliance with other conditions.

§ 70. (1) Voters shall put the ballot-paper in an envelope and place it in an urn in the presence of the returning board.

(2) Voters indicating failure to fill the ballot-paper before placing the envelope in an urn shall be granted a new ballot-paper by the returning board and the returning board shall take back the ballot-paper with the fault and record this fact in the official report. The returning board may only grant a new ballot-paper in return of a spoiled ballot-paper once per person.

§ 71. (1) Presidents of returning boards shall close polling-places at 19 o'clock. Voters in the polling-place or in the lobby thereof may vote. After this returning boards shall close voting.

2) After closing voting no vote may be accepted.

CHAPTER IX.

SUMMARISATION OF VOTES

Counting of votes

§ 72. (1) Members present of returning boards are bound to count together all ballot-papers.

(2) First, returning boards shall include unused and spoiled ballot-papers in separate batches and close batches in a manner that ballot-papers may not be added or removed without hurting the seal.

(3) Before opening an urn, returning boards shall check intactness thereof, then open the urn and make sure of the presence of the checking sheet, then compare the number of ballot-papers to that of the voters having voted in the constituency. In order to determine the results of election returning boards shall count ballot-papers in the urn and ignore envelopes dropped empty in the urn.

(4) After this, the returning board shall place invalid ballot-papers in a group and count them. They shall write the reason for invalidity on the back of the ballot-paper and members present of the returning board shall sign it. They shall include invalid ballot-papers in a separate batch and close this batch in a manner that no ballot-paper may be added thereto or removed thereof without hurting the seal. Serial number of the constituency and number of ballot-papers in the batch are to be written on the batch.

(5) In the event that the returning board determines that a ballot-paper cast by a person not having a right to vote in the given constituency is in the urn, it shall declare one valid vote for the candidates by candidate according to the number of persons having voted illegally.

(6) Valid ballot-papers are to be counted separately by candidates, then batches shall be created according to paragraph (4). Number of valid votes shall be written on the batches separately by candidates.

(7) In the event that difference between the numbers of votes achieved by the two candidates receiving the most votes is less than one percent of all valid votes for all candidates or difference between votes for them is less than the number of invalid votes, then the returning board is bound to count valid and invalid votes repeatedly. Repeated counting shall be continued until its results are identical with the results of a previous counting. This result and the fact of repeated counting is to be recorded in the official report.

Determination of results

§ 73. (1) After counting votes returning boards shall determine election results in the constituency.

( 2) Electoral committees shall summarise votes and determine election results based on official reports of returning boards not later than on the day after election day.

Official reports

§ 74. ( 1) An official report is to be made on the counting of votes and the determination of constituency and election results. Official reports may not be made in pencil. ( 2) Official reports signed by members present of electoral committees are to be made in three copies.

( 3) One copy of the official report shall be given to representatives present of candidates upon request by electoral committees. After making copies presidents of electoral committees shall authenticate copies by sealing and signing them.

§ 75. (1) Returning boards shall with no delay take official reports, election documents, prints and ballot-papers along with urns to local electoral offices.

(2) One copy of official reports shall be available for viewing in proper electoral offices within three days after election day.

(3) Ballot-papers shall be placed in mayor's offices in the presence of members of the proper electoral committee and guarded for 90 days in a manner that they may not become available to unauthorised persons. In case of a complaint related to election results ballot-papers concerned are to be guarded until legal termination of the affair. Election documents are to be annulled after 90 days except for official reports.

(4) First copy of official reports are to be handed over to archives after 90 days.

Data sheet

§ 76. (1) Keepers of official reports of returning boards shall with no delay make a data sheet on results of the first counting of votes and forward the contents thereof special promptly to the National Electoral Office through parliamentary single-member constituency electoral offices and district electoral offices. (2) Informational data containing not authenticated election results shall be published by electoral offices.

CHAPTER X.

LEGAL REMEDIES

General rules of legal remedies

§ 77. (1) Candidates, nominating organisations and citizens and legal personalities concerned may submit a complaint claiming violation of electoral laws.

(2) Objections may be submitted against decisions determining complaints and other of electoral committees.

(3) Complaints and objections against decisions of returning boards are to be submitted to the electoral committee having a right to judge them. Other objections are to be submitted to the electoral committee making the decision objected, which shall submit them along with documents to the electoral committee or court having a right to judge them not later than the day after obtaining them.

§ 78. (1) Complaints and objections §hereinafter referred to together as objections) are to be submitted in a manner that they shall arrive within three days after the activity or the making of the decision objected. Electoral committees and courts judging objections shall make a decision on objections submitted within three days after obtaining them.

(2) Objections shall contain indication of proves for violation of law and mailing address of the person submitting the objection. Objections submitted incomplete are to be refused without an examination.

(3) Persons submitting objections may be interrogated by electoral committees. In this case personal declaration is to be assured for the party with a contrary interest.

(4) Courts make a decision on objections in a non-trial procedure in a council consisting of three professional judges. Legal representation is compulsory in court procedures. Courts may interrogate representatives of electoral committees making decisions objected and persons submitting objections.

§ 79. (1) In the event that electoral committees or courts approve objections, electoral committees or courts shall:

a) modify decisions violating the law, or,

b) annul decisions violating the law and bid electoral procedure or a part thereof be repeated.

(2) Persons concerned and the proper electoral committees are to be informed on decisions of electoral committees and courts on the day of the making thereof. No further legal remedy shall be requested against decision of courts.

§ 80. §1) Proper local or district electoral committees shall make decisions on objections submitted against decisions [items a) and b) of paragraph (2) of § 30.] within the scope of returning boards. Capital or county courts shall make decisions on objections against electoral committees.

(2) Proper district electoral committees shall make a decision on objections submitted against decisions of local electoral committees not in the scope of paragraph (1) including decisions made based on item l) of paragraph (2) of § 31. Capital or county courts shall make decisions on objections against district electoral committees.

(3) The National Electoral Committee shall make decisions on objections submitted against decisions of district electoral committees not in the scope of paragraphs (1) and (2).

(4) The Supreme Court shall make decisions on objections against decisions of the National Electoral Committee.

§ 81. General rules of legal remedies are to be applied for legal remedy procedures against compositions of registers of voters and decisions determining results of electoral committees with the exceptions included in § 82-85.

Legal remedies related to compositions of register of voters

§ 82. (1) Objections because of being left out from, or taken into, registers of voters may be submitted during the period of registers published. Voters erased from registers according to paragraph (4) or (5) of § 16. may submit objections within three days after obtaining an announcement thereof.

(2) Objections are to be submitted to heads of local electoral offices who shall make a decision thereon within three days. Refusal of objection may be attacked by voters within three days after being informed thereon by submitting an objection to the proper local court or in Budapest to Central Municipality Court of Pest. Courts shall act as judge ordinary.

(3) In case a court finds an objection reasonable, it shall order modification of the register of voters, in contrary case, it shall refuse the objection.

§ 83. The body concerned and the person submitting an objection are to be informed on decisions of local electoral committees and courts.

Legal remedies against decisions determining results of electoral committees

§ 84. Objections against decisions [paragraph (1) of § 73.] determining results of returning boards in constituencies are only valid together with objections against decisions determining election results of electoral committees.

§ 85. (1) Objections may be submitted against decisions [paragraph §2) of § 73.] determining election results of electoral committees claiming

a) violation of law of decisions determining results of returning boards in constituencies or

b) violation of rules related to summarisation of results in constituencies and determination of election results

in a manner that they may arrive at the electoral committee making the decision objected not later than the day after the decision of the electoral committee.

(2) Electoral committees having a right to judge objections shall make a decision on objections not later than the day of obtaining them. Objections against decisions of electoral committees are to be submitted in a manner that they may arrive at the electoral committee making the decision objected not later than the day following the decision of the electoral committee. Courts shall make decisions on objections not later than the day after obtaining them.

PART II.

SPECIAL PROVISIONS

CHAPTER XI.

ELECTION OF MEMBERS OF PARLIAMENT

§ 86. Provisions of chapters I-X. are to be applied for election of members of parliament with the differences included in this chapter.

Publicity of electoral procedure

§ 87. (1) Proper electoral committees shall inform voters on second electoral turn-rounds by way of announcements or notifications.

(2) The National Electoral Committee shall publish election results by way of the press.

(3) The National Electoral Committee shall publish final election results summarised nationally in Magyar Közlöny.

Constituencies and electoral districts

§ 88. Principles of forming constituencies are the following:

a) single-member constituencies are within the boundaries of the capital or counties,

b) entire area of settlement municipalities are within single-member constituencies; in the capital, single-member constituencies may include the area of two or more capital district municipalities; capital districts and cities having county rights may be divided into two or more single-member constituencies,

c) seats of single-member constituencies shall be in cities if possible,

d) cities may form a common constituency with their agglomerations,

e) district constituencies are identical with the area of the capital or counties.

Maintenance of registers of rights to vote

§ 89. (1) Voters away from their domiciles on election day may request the head of the electoral office of the place he or she is staying on election day or the returning board thereof on election day to take him or her into the register of voters by submitting a certificate obtained from the head of the proper electoral office of his or her address. Voters may vote at settlements they are staying at based on these certificates.

(2) Upon issuing a certificate the head of the proper electoral office according to address shall erase the voter from the register of voters. The settlement where the voter wishes to vote shall be indicated in the certificate and it shall be included in the register of voters. Voters or persons charged for this based on an authorisation shall acknowledge obtaining the certificate by a signature.

(3) The head of the proper local electoral office of the given place or the returning board shall take the voter in a separate register based on the certificate and a certificate certifying personal identity and address. This certificate and the separate register must be guarded among the election documents.

(4) Certificates may not be issued later than the second day before the first electoral turn-round. Certificates may be requested personally or by way of an authorised person. Certificates may also be requested by a registered letter provided that it may arrive at the proper local electoral office not later than the 5th day before the first electoral turn-round. The settlement where the voter wishes to vote must be indicated in the letter. The certificate requested in a letter must be sent to the voter to the address designed by him or her by a notice of receipt.

(5) In order to obtain a certificate the person requesting is bound to give information on his or her name, personal ID, address, the name of the settlement where he or she wishes to stay on election day and whether the certificate is requested for the first, the second or both electoral turn-rounds.

Electoral authorities

§ 90. (1) The following electoral committees shall operate upon election of members of parliament:

a) returning boards,

b) at settlements with one constituency local electoral committees carrying out the tasks of a returning board,

c) parliamentary single-member constituency electoral committees,

d) district electoral committees,

e) the National Electoral Committee.

(2) The following electoral offices shall operate upon election of members of parliament:

a) local electoral offices,

b) single- member constituency electoral offices,

c) district electoral offices,

d) the National Electoral Office.

Election campaign

§ 91. (1) All organisations nominating candidates for elections shall obtain a subvention from the central budget in proportion with the number of candidates nominated. Independent candidates shall obtain a subvention from the central budget identical with that of candidates nominated by organisations. The amount of the financial resources applicable for subvention from the central budget shall be determined by the Parliament.

(2) Upon determination of the subvention for one candidate number of candidates in single-member constituencies, on district lists candidates by parties but at most number of candidates identical with number of obtainable seats, on national lists the real number of candidates but at most 58 candidates by parties shall be taken into consideration as a base. Persons nominated in single-member constituencies and lists and district and national lists shall be taken into consideration based on the number of nominations.

(3) The subvention from the central budget applicable for elections shall be granted to nominating organisations in one amount, to independent candidates per person by the Ministry of Finance or a banking institution designed thereby based on the decision of the National Electoral Committee within five days following it.

(4) Subvention from the central budget according to paragraph §1) shall only serve for covering material expenditures. Nominating organisations and independent candidates are bound to give an account on usage of subvention within 30 days after election day at the place of payment.

§ 92. (1) Independent candidates and nominating organisations may spend at most one million HUF per candidate in addition to the subvention from the central budget included in § 91. for an election. Number of candidates taken into consideration shall be determined based on paragraph (2) of § 91.

(2) All nominating organisations and independent candidates are bound to publish amounts, sources and manner of usage of state and other financial resources applied for the election in Magyar Közlöny within 60 days after the second electoral turn-round.

(3) The State Audit Office shall check usage of state and other financial resources applied for the election within one year after the second electoral turn-round ex officio in case of nominating organisations and independent candidates having obtained seats, upon request of other candidates or nominating organisations in case of other nominating organisations and independent candidates. Requests for check may be submitted within three months after the second electoral turn-round. Proving proposals shall be included in requests.

(4) Nominating organisations and independent candidates violating the rule included in paragraph (1) are bound to pay twice the value of the excess to the central budget within 15 days and theses amounts are to be used for preparing first voters. In case of delay debts are to be recovered as taxes.

§ 93. (1) National public utility program providers shall broadcast political advertisements of nominating organisations with national lists, regional public utility program providers those of nominating organisations with lists in their respective scope of broadcasting, local public utility program providers those of single-member constituency candidates in their respective scope of broadcasting at least once free of charge from the 18th day before election day until the 3rd day before election day.

(2) Program providers designed in paragraph (1) shall broadcast political advertisements produced by nominating organisations and candidates free of charge according to paragraph (1) on the last day of the election campaign.

Recommendation

§ 94. District lists and candidates listed therein are to be submitted for registration not later than 20 days before election day, national lists and candidates therein not later than 19 days before election day.

§ 95. (1) Joining of lists, serial order of joint lists and serial order of obtaining a seat of candidates listed therein are to be submitted for registration not later than 18 days before election day. Announcements related to joining of lists shall be published by electoral committees.

(2) upon drawing of lots of serial order of lists lots are to be drawn on joint lists together; lists participating in the joining shall obtain consecutive serial numbers according to the submitted serial order according to paragraph (1).

(3) Sharing of fragment votes of common candidates and district lists are to be submitted not later than 18 days before election day. Submissions shall be published by electoral committees.

(4) At the same time as nominating common lists it must be submitted which nominating organisation has nominated which candidates.

Voting

§ 96. (1) A separate ballot-paper shall serve for voting for single-member constituency candidates and another one for voting for district lists.

(2) Ballot-papers of single-member constituencies shall contain officially used family and last names of candidates in an alphabetical order, a differentiating indication according to paragraph §3) of § 52. and names of nominating organisations or fact of independent nomination.

(3) Ballot-papers of district lists shall contain names of nominating organisations in an order determined by electoral committees by drawing lots. Names of the first five candidates from among candidates in the list and eventual fact of joining lists shall be indicated on ballot-papers in the order submitted by the nominating organisation.

(4) Upon request of nominating organisations abbreviation, symbol and black and white badger must be indicated next to the name of a nominating organisation.

(5) In case of common candidates and common lists names of all nominating organisations are to be indicated on ballot-papers.

Summarisation of votes

§ 97. Rules related to counting of votes and making of official reports are to be applied separately regarding single-member constituency and district list ballot-papers.

§ 98. (1) Constituency official reports are to be forwarded to parliamentary single-member constituency or district electoral committees.

(2) Parliamentary single-member constituency electoral committees shall summarise votes based on official reports of returning boards and determine election results in constituencies and record them in an official report. Official reports are to be forwarded to the National Electoral Committee.

(3) The National Electoral Committee shall determine percentage limit and which district lists shall obtain seats based on official reports of electoral committees following their arrival and with no delay inform thereon district electoral committees which shall determine election results in district constituency and record them in official reports.

(4) The National electoral Committee shall summarise fragment votes for single-member constituency candidates and lists based on official reports of district electoral committees following their arrival and determine which candidates of national lists has obtained seats on this basis.

Legal remedies

§ 99. (1) Proper single-member constituency or district electoral committees shall make decisions on objections submitted against decisions in the scope of returning boards [items a) and b) of paragraph (2) of § 30.] including decisions made by local electoral committees according to item l) of paragraph (2) of § 31. Capital or county courts shall make decisions on objections against decisions of electoral committees.

(2) Proper district electoral committees shall make decisions on objections submitted against decisions of single-member constituency electoral committees not in the scope of paragraph (1). Capital or county courts shall make decisions on objections against decisions of district electoral committees.

CHAPTER XII.

ELECTION OF LOCAL MUNICIPALITY REPRESENTATIVES, MAYORS AND MEMBERS OF LOCAL MINORITY MUNICIPALITIES

§ 100. upon election of local municipality representatives, mayors and members of local minority municipalities §hereinafter referred to as municipality elections) provisions of chapters I-X. are to be applied with the exceptions included in this chapter.

Electoral districts, constituencies

§ 101. Electoral districts are the following:

a) in case of election of members of county general assembly settlements with 10000 inhabitants or less altogether and settlements with more than 10000 inhabitants altogether without cities having county rights,

b) in case of election of capital mayor and members of capital general assembly the capital,

c) in case of election of mayor or municipality representatives for settlements with 10000 or less inhabitants and local minority municipality representatives settlements,

d) in case of single-member constituency election of municipality representatives for settlements with more than 10000 inhabitants constituencies established for this purpose.

§ 102. (1) Serial number and area of single-member constituencies are to be determined by heads of local electoral offices on the basis of number of inhabitants on 1st January of the year of the election.

(2) Objections against the decision of heads of local electoral offices may be submitted to the head of the district electoral office within three days after the decision in case single-member constituencies have been formed within settlements in a manner that numbers of inhabitants in individual constituencies are improportional. Heads of district electoral offices shall make a decision on objections within three days. No further legal remedy shall be available.

Registration of rights to vote

§ 103. Central offices or regional authorities of records on personal data and addresses shall provide data on immigrated non-Hungarian citizens for the compilation of registers.

§ 104. (1) Voters with a staying address in addition to a domicile may request the head of the proper local electoral office according to the staying address or on election day the returning board to take him or her into the register of voters based on a certificate issued by the head of the proper local electoral office according to the permanent address.

(2) Upon issuing a certificate the head of the proper local electoral office shall erase the voter from the register of voters. The certificate is to indicate the staying address where the voter wishes to vote based on the declaration of the voter and it must be indicated in the register. The voter or a person charged thereof based on an authorisation for this purpose shall acknowledge obtaining the certificate by a signature.

(3) Based on this certificate and a certificate certifying personal identity the head of the proper electoral office of the staying address or the returning board shall take the voter into a separate register. Certificates and separate registers are to be guarded among election documents.

(4) Certificates may not be issued later than the second day before election day. Certificates may be requested personally or by way of an authorised person. Certificates may be requested in a registered letter provided that it arrives at the proper electoral office not later than the 5th day before election day. Letters must indicate staying address where the voter wishes to vote. Certificates requested in a letter are to be sent to voters to the address designed by notice of receipt.

(5) Persons requesting a certificate are bound to inform on their names, personal IDs and addresses for the issuing of a certificate.

Electoral authorities

§ 105. (1) The following electoral committees shall operate upon municipality elections:

a) returning boards,

b) local electoral committees,

c) district electoral committees,

d) the National Electoral Committee.

(2) The following electoral offices shall operate upon municipality elections:

a) local electoral offices,

b) parliamentary single-member constituency electoral offices,

c) district electoral offices,

d) the National Electoral Office. Election campaign

§ 106. (1) Local public utility program providers shall broadcast political advertisements of nominating organisations and candidates for mayorship at least once from the 15th day before election day until 3rd day before election day free of charge in proportion to the nomination and lists. All independent candidates have this right together in proportion to their nomination.

(2) On the last day of election campaign national public utility program providers shall broadcast an election summary of eight nominating organisations that have nominated the most candidates for representatives and mayors in a national summarisation. Common candidates and lists are to be taken into consideration in proportion to nomination.

Recommendation

§ 107. (1) Provisions of chapter VII. related to recommendation of candidates shall properly be applied for recommendation of county lists.

(2) Compensation lists and candidates listed therein are to be submitted for registration not later than 20 days before election day, capital lists and candidates listed therein not later than 19 days before election day.

§ 108. In case a candidate puts up for the election in systems of small lists or mixed election as a minority candidate, this fact must be indicated on recommendation papers and ballot-papers.

§ 109. (1) In systems of mixed election local electoral committees shall register all candidates putting for the election as either independent minority candidates or candidates of minority nominating organisation in single-member constituencies in a separate minority compensation list for each minority.

(2) Minority nominating organisations and minority candidates may have common compensation lists that must be submitted for registration not later than 18th day before election day to local electoral committees.

(3) Single-member constituency minority candidates may inform local electoral committees in writing on that he or she does not wish to be on a minority compensation list.

Voting

§ 110. (1) Separate ballot-papers shall serve for:

a) in case of settlements with 10000 or less inhabitants, elections with a small list, elections of mayors and local minority municipality and county list elections,

b) in case of settlements with more than 10000 inhabitants single-member constituency elections, elections of mayors, local minority municipality elections and - except for cities having county rights - county list elections,

c) in the capital, single-member constituency elections, elections of mayors, capital mayors, local minority municipality elections and capital list elections.

(2) Ballot-papers of settlement small list elections, single-member constituency elections, local minority municipality elections and elections of mayors shall contain officially used family and last name of candidates, a differentiating mark according to paragraph (3) of § 52., the name of the nominating organisation - upon request of nominating organisations, also their abbreviation -, and fact of independent nomination. Upon request of candidates representing minorities ballot-papers must contain his or her name and the name of the nominating organisation also in the mother tongue of the minority.

(3) Local minority municipality ballot-papers shall contain names of candidates by minorities. Electoral committees shall draw lots on serial order of minorities on ballot-papers.

(4) Electoral committees shall draw lots on serial order of names of nominating organisations on capital and county list ballot-papers. Names of the first five candidates from among candidates on the list must be indicated in the serial order submitted by the nominating organisation on ballot-papers.

(5) Upon request of nominating organisations abbreviation, symbol and black and white badger must be indicated next to the name registered by the court of the nominating organisation on capital and county list ballot-papers and ballot-papers of mayors.

(6) In case of common candidates and lists names of all nominating organisations are to be indicated on ballot-papers.

§ 111. Voters having handed over a certificate according to § 104. are to be registered by returning boards.

Summarisation of votes

§ 112. In case of small list and local minority municipality elections valid votes are to be counted separately by candidates. Ballot-papers containing both valid and invalid votes are to be batched separately. Numbers of valid votes are to be written on batches separately by candidates.

§ 113. (1) Local and district electoral committees shall summarise votes based on official reports of returning boards and determine election results.

(2) Official reports on summarisation are to be made on results of settlement small list and local minority municipality elections, separate official reports on single-member constituency results by constituencies in systems of mixed elections, separate official reports on results of capital list elections and elections of mayors. A summarising official report is to be made on results of election of members of county general assemblies by constituencies.

(3) Data sheets are only to be made on non-official results of election of mayors, election of capital mayors and election of members of capital and county general assemblies.

Calls for local minority municipality elections

§ 114. (1) Local electoral committees shall call for local minority municipality elections. Elections are to be called for not later than 45 days before settlement municipality election day for the same day.

(2) Calls for local minority municipality elections may be initiated in writing within 10 days of calls for settlement municipality elections. A sample initiating document is contained in the appendix of the act on rights of national and ethnic minorities.

By-elections

§ 115. (1) Proper electoral committees shall call for a by-election within 30 days after a reason has emerged. No by-election may be called for during a period of 6 months before and after general municipality elections. Rules of general elections are to be applied for by-elections.

(2) In case a representative elected from a county, compensation or capital list falls out, new candidates for the vacancy may be submitted to the proper electoral committee within 30 days following the vacancy by nominating organisations.

(3) In case an electoral committee or court has an election repeated, the proper electoral committee shall call for the repeated election within 30 days after the election to be repeated.

CHAPTER XIII.

NATIONAL REFERENDA

§ 116. Provisions of chapters I-X. and § 89. are to be applied for national referenda with the exceptions included in this chapter.

Initiating of referenda

§ 117. The National electoral Committee shall authenticate signature collecting sheets complying with legal conditions within 30 days after submission.

§ 118. (1) Provisions of paragraph (2) and (4) of § 46., item c) of paragraph (1) and paragraph (2) of § 50., § 54., § 59. and § 60. are to be applied for collection of signatures with the exceptions included in this chapter.

(2) All signature collecting sheets are to be commenced with the question proposed for a referendum. Signatures must be in the same page as the question.

(3) Legible family and last name, address and personal ID of initiators must be indicated on signature collecting sheets beside own signatures for the authentication of signatures.

(4) Citizens collecting signatures shall sign signature collecting sheets.

§ 119. (1) Checking signatures means determination of valid signatures with mathematical and statistical methods and using data of records on personal data and addresses and records of major citizens not having a right to vote. In case no necessary number of signatures have been collected according to the mathematical and statistical method applied, then checking of signatures must be continued by examination of signatures until validity or invalidity of initiative may be determined without doubt.

(2) Representatives of the persons submitting the initiative may be present at the checking of signatures.

(3) Signatures must be checked within 45 days after submission of initiative.

§ 120. (1) In case originality of specified signatures are suspectible and validity or invalidity of such influences validity of initiative, the National Electoral Committee may check personal identities by way of central offices or local authorities of records on personal data and addresses or heads of local electoral offices.

(2) In case of checking of signatures according to paragraph (1) deadline of checking of signatures shall be prolonged by 30 days.

§ 121. Signature collecting sheets are to be annulled within 30 days after checking of signatures or termination of legal remedy procedure.

Order and call for referenda

§ 122. (1) Referenda are to be called for not later than 35 days before voting day.

(2) Referenda may be called for within the period according to paragraph (1) in case the president of the republic has called for a referendum in another question before and at least 20 days are remaining thereuntil and parallel conduct of referendum on another question shall not endanger legality of conduct of voting.

(3) Declarations on call for referendum and the time of referendum are to be published in Magyar Közlöny.

§ 123. In case of referenda registers of voters shall be published 18 days before voting day. Voters shall be informed on having been taken into registers of voters not later than 16th day before voting day. by sending announcements.

Electoral authorities

§ 124. (1) The following electoral committees shall operate upon referenda:

a) returning boards,

b) at settlements with one constituencies, local electoral committees carrying out the tasks of a returning board,

c) district electoral committees,

d) the National Electoral Committee.

(2) The following electoral offices shall operate upon referenda:

a) local electoral offices,

b) parliamentary single-member constituency electoral offices,

c) district electoral offices,

d) the National electoral Office.

§ 125. (1) Persons or organisations submitting initiative may send one common representative to each electoral committee - except for the National Electoral Committee -, parties not participating in initiative but possessing a group of members of parliament may send one representative thereto.

(2) Organisations submitting initiative but not possessing a group of members of parliament may charge one common representative to be a member of the National Electoral Committee.

Voting

§ 126. (1) Each referendum question is to be taken into consideration separately during voting, determination of results and legal remedies.

(2) In case of several questions questions shall have continuous serial numbers on ballot-papers in the serial order of the referendum.

Summarisation of votes

§ 127. (1) upon applying § 72. the term candidate shall be interpreted as answer.

(2) In case several questions are on ballot-papers, valid votes on ballot-papers must be counted separately for each question. Votes of voters voting several answers within one question are invalid but validity of the ballot-paper is not concerned. Ballot-papers containing both valid and invalid votes shall be batched separately. Number of valid votes by questions and answers must be written separately on batches.

§ 128. Results of referenda are to be determined by the National Electoral Committee based on official reports of returning boards after their arrival.

§ 129. The National Electoral Committee shall inform the president of the republic and the president of Parliament in writing on referendum results and publish an announcement thereof in Magyar Közlöny.

Legal remedies

§ 130. (1) Constitution Court shall extraordinarily judge objections submitted against decisions of the National Electoral Committee related to authentication of questions on signature collecting sheets.

(2) Constitution Court shall either approve decision of the National Electoral Committee or annul it and bid the National Electoral Committee to conduct a new procedure.

(3) Proper district electoral committees shall make decisions on objections submitted against decisions in the scope of returning boards [ items a) and b) of paragraph (2) of § 30.] - including decisions of local electoral committees made according to item l) of paragraph (2) of § 31. Capital and county courts shall make a decision on objections against decisions of district electoral committees.

CHAPTER XIV.

NATIONAL POPULAR INITIATIVES

§ 131. Provisions of § 117-121. and § 130. are properly to be applied for national popular initiatives.

CHAPTER XV.

LOCAL REFERENDA

§ 132. Provisions of chapters I-X., § 118., § 119., § 121, paragraph (1) of § 122., § 123., § 126. and § 127. are to be applied for local referenda with the exceptions included in this chapter.

Initiating referenda

§ 133. (1) Before the commencement of collection of signatures a copy of signature collecting sheets must be submitted to the head of local electoral office for authentication, in county and capital affairs to the head of district electoral office.

(2) Heads of local or district electoral office shall authenticate signature collecting sheets complying with legal conditions within 15 days after submission. Authentication of signature collecting sheets must be refused in case:

a) questions do not belong to the scope of representative board or general assembly,

b) no local referendum may be conducted related to questions,

c) a referendum has been conducted with the same question within one year,

d) signature collecting sheets do not comply with requirements included in § 118.

§ 134. (1) Citizens' initiative for a referendum may be submitted once within one month after the authentication of the signature collecting sheet to mayors or presidents of general assemblies §in this chapter together: mayors). Signatures submitted additionally added to the initiative are to be regarded as invalid.

(2) In case of termination of deadlines local or district electoral committees shall not check signatures.

§ 135. Local or district electoral committees shall provide for the checking of signatures.

§ 136. (1) In case originality of specified signatures are suspectible and validity or invalidity of such influences validity of initiative, the National Electoral Committee may check personal identities by way of central offices or local authorities of records on personal data and addresses or heads of local electoral offices.

(2) In case of checking of signatures according to paragraph §1) deadline of checking of signatures shall be prolonged by 30 days.

§ 137. (1) Heads of local or district electoral committees shall with no delay inform mayors on results of checking of signatures.

(2) Signature collecting sheets are to be annulled 30 days after termination of the checking of signatures or legal remedy procedure.

Order and call for referenda

§ 138. Mayors shall declare obtaining notification on initiative for a referendum according to paragraph (1) of § 137. in case of non-citizens' initiative on the next day of meeting after submission.

§ 139. A decision must be made on initiative for a referendum within 30 days after the mayor's declaration.

§ 140. In case of citizens' initiatives for a referendum submitted delayed or local or district electoral committees have determined results of checking of signatures as not reaching the number determined in municipality provision, mayors shall refuse initiatives.

§ 141. Representative boards or capital or county general assemblies §in this chapter together: representative boards) shall design the time of referenda at the time of calling for them.

§ 142. Declaration of the call for referendum and designation of time thereof shall be published in the official periodical of the municipality or in the manner locally usual.

Electoral authorities

§ 143. (1) The following electoral committees shall operate upon local referenda:

a) returning boards,

b) local electoral committees,

c) district electoral committees,

d) in capital or county affairs also the National Electoral Committee.

(2) The following electoral offices shall operate upon local referenda:

a) local electoral offices,

b) parliamentary single-member constituency electoral offices,

c) district electoral offices,

d) in capital or county affairs also the National Electoral Office.

§ 144. Persons or organisations submitting initiative may delegate one common person charged to returning boards and in local, capital or county affairs to the district electoral committee and organisations not participating in the initiative but possessing a group of representatives in the representative board may delegate one person each.

Summarisation of votes

§ 145. (1) Referendum results are to be determined based on official reports of returning boards in case of local, capital or county affair by the district electoral committee.

(2) No data sheet shall be made upon local referenda.

Legal remedies

§ 146. Objections against decisions of local or district electoral offices related to the authentication of signature collecting sheets of initiatives for a referendum may be submitted to local courts, or, in Budapest to the Central Municipal Court of Pest.

CHAPTER XVI.

LOCAL POPULAR INITIATIVE

§ 147. Provisions of § 118, § 119. § 133-140. and § 146. are to be applied for local popular initiatives with the exceptions included in this chapter.

§ 148. Heads of local or district electoral offices shall refuse authentication of signature collecting sheets in case:

a) questions do not belong to the scope of representative boards,

b) signature collecting sheets do not comply with requirements included in § 118.

PART THREE

CLOSING PROVISIONS

CHAPTER XVII.

PROVISIONS FOR INTERPRETATION

§ 149. In application of this act:

a) state leader: members of the government and persons within the scope of the law on legal status and responsibilities of under-secretaries of state,

b) town clerk: capital clerk or county clerk,

c) independent candidate: candidate not nominated by a nominating organisation,

d) family relation: relations in direct line and their spouses, adopters and foster-parents, adopted children, brothers, sisters, spouses, partners in matrimony, relations in direct line, brothers, sisters of spouse and spouse of brothers and sisters.

e) clerk: settlement clerk,

f) type of nomination: single-member constituency, district list and national list nomination at elections of members of parliament; mayors', capital mayors', small list, single-member constituency, compensation list, county/capital list, minority small list nomination at elections of local municipality representatives and mayors,

g) nominating organisation: party registered according to the law of the year 1989. XXXIII. on operation and management of parties, social organisation registered according to the law of the year 1989. II. on rights to unite; organisations nominating common candidates or lists are regarded as one nominating organisation,

h) representative: member of parliament, member of settlement municipality representative board, member of county general assembly, member of capital general assembly, member of local minority municipality,

i) persons or organisations submitting an initiative: organisations or individuals submitting an initiative in case of citizens' initiative for a referendum or popular initiative,

j) minority candidate: Independent candidate representing a national or ethnic minority according to the law on rights of national and ethnic minorities or candidate of a minority organisation,

k) minority organisation: social organisation representing - according to court registration - a national or ethnic minority determined in the law on rights of national and ethnic minorities,

l) poster: election bill, advertisement, script, sheet, projected image, flag, emblem regardless to the carrying material,

m) mayor: mayor of a settlement, capital mayor of Budapest,

n) settlement: village, city, city having county rights, capital district,

o) election campaign: account on election program, promotion of candidates, lists, nominating organisations, organisation of electoral meetings, placing of posters, making use of volunteers.

CHAPTER XVIII.

COMING INTO FORCE AND EXECUTION OF THE ACT

Coming into force

§ 150. This act shall come into force as of the day of declaration thereof.

Temporary provision

§ 151. (1) For conduct of elections called for and referenda ordered before the coming into force of this act provisions in force at the time of call for elections and order of referenda are to be applied.

(2) In case of initiatives for a referendum or popular initiatives under way at the coming into force of this act, § 117. of this act is not to be applied.

Authorisation

§ 152. The government shall be granted authorisation to determine serial numbers, seats and areas of parliamentary single-member and district constituencies.

§ 153. The Minister of Home Affairs shall be granted an authorisation to determine in a provision:

a) order of maintenance of register of voters and register of major citizens not having a right to vote and preparations for forming electoral districts and constituencies,

b) deadlines of electoral procedures,

c) tasks of electoral offices and briefing of members thereof; sharing of scope between national, district and local electoral offices,

d) organisation and technical conduct of order of computing and summarising votes of state tasks related to elections,

e) samples for announcements, recommendation papers and signature collecting sheets, samples, numbers of copies and order of forwarding of election official reports, data sheets and other prints,

f) scope of data summarised nationally of election results,

g) normatives, items, accounting and internal controlling order of expenses of elections.

(2) The Minister of Home Affairs may determine deadlines for the working day directly preceding or following the deadlines determined by law in case the deadline would elsehow be a weekly resting day or holiday.

(3) The Minister of Home Affairs shall give an account on organisation and conduct of state tasks in connection with general elections of members of parliament, local municipality representatives and mayors and national referenda to the Parliament.

§ 154. The Minister of Home Affairs may make a contract with a legal body for performing state tasks of elections assuring safety requirements. No service contract may be made for compilation of register of voters and register of major citizens not having a right to vote, for checking recommendations and checking double or multiple votes.

Provisions becoming void

§ 155. Upon the coming of force of this act the following shall become void:

a) the words "and principles of forming constituencies" from paragraph (3) of § 4. of the act of the year 1989. XXXIV on the election of members of parliament (hereinafter referred to as Vjt.), third sentence of paragraph (1), second, third and fifth sentence of paragraph (2), third sentence of paragraph (3) of § 5., § 6., chapter IV-X., paragraph (2) of § 46., § 49., § 51., items a) and e)-j) of § 52., § 53-55. and appendices 1. and 5-17.,

b) the act of the year 1990. II. on the modification of Vjt.,

c) § 2., paragraph (2) of § 3., § 6-32., § 34-38., paragraph (5) and (6) of § 39. and appendices 1. and 5.16. of the act of the year 1994. III. on the modification of, and addition to, Vjt.,

d) act of the year 1994. XXV. on the modification of Vjt.,

e) § 153 of the act of the year 1996. I. on radio and television broadcasting,

f) § 22-24. and paragraph (6) of § 41. of the act of the year 1996. LXVI. on the modification of laws related to the usage of tax identification number, social assurance identification number and personal identification,

g) § 10. and 12 of chapter II., chapter IV. and V. paragraph (1) and (4) of § 25., fourth sentence of paragraph (1) and paragraph (2)-(5) of § 26., paragraph (3) and (4) of § 27., § 28., paragraph ((2), (3) and (5) of § 30., first and second sentence of paragraph (2) and paragraph (3) of § 42., the words "based on paragraph (1) of § 27." from the second sentence of paragraph §1) of § 46/A., paragraph (2) and (3) of § 48., paragraph (1) and (3) of § 50/A., second sentence of paragraph (1) and the words "according to paragraph (4) of § 28." from paragraph (4) of § 50/C., § 50/D. of chapter VII., paragraph (2) and the words "within 30 days after the vacancy to the proper electoral committee" from paragraph (3) of § 53., items b), c), e)-j), o), r)-t), w)-z) of § 54/A., § 56. items a), b) and f) of § 57., § 58., paragraph (1) of § 59., § 60-62. and appendices 1., 2. and 6. of chapter XII. of the act of the year 1990 LXIV. on election of local municipality representatives and mayors (hereinafter referred to as Övjt.),

h) § 2-4., § 6., § 8-18., § 20-27., § 38., paragraph (1) of § 40. and § 41. of the act of the year 1994. LXII. on the modification of Övjt.,

i) paragraph (3)-(5) of § 45., paragraph (3) of § 47., second sentence of paragraph (2) of § 49., paragraph (1) of § 50. and § 51. of the act of the year 1990. on local municipalities,

j) item l) of § 32. and item m) of § 36. of the act of the year 1996. XX. on manners of identification substituting personal identity numbers and usage of identity codes (hereinafter referred to as Szaz. tv.).

Modifying provisions

§ 156. Paragraph (1) of § 7. of Vjt. is completed by the following provision:

"Voters may vote for one candidate."

§ 157. Paragraph (1) of § 8. of Vjt. is completed by the following provision:

"Voters may vote for one list."

§ 158. The following provisions shall substitute § 47. of Vjt.:

"§ 47. (1) Second turn-round of elections of members of parliament shall be designed at the same time as the designation of the first turn-round for the 14th day after the first turn-round.

(2) Elections are to be designed in a manner that neither first nor second electoral turn-round shall fall on a national holiday or bank holiday or a day preceding or following such."

§ 159. The following provisions shall substitute § 48 of Vjt.:

"§ 48. (1) By-elections are to be called for by the National Electoral Committee according to § 47.

(2) No by-elections may be conducted in years of general elections."

§ 160. In appendix 4. of Vjt. the terms party and electoral list of a party shall be interpreted as list.

§ 161. The following provision shall substitute paragraph (2) of § 25. of Övjt.:

(2) Voters may only recommend one candidate or list for each type of nomination."

§ 162. (1) The following provision shall substitute paragraph (5) of § 42. of Övjt.:

"(5) In case of an equality of votes lots must be drawn in order to determine which candidate with an equal number of votes shall obtain a seat."

§ 163. The following provision shall substitute paragraph (1) of § 50. of Övjt.:

"(1) All candidates putting up for elections either as independent candidates or nominated by a minority nominating organisation are to be registered in separate minority compensation lists by minorities in systems with mixed elections. Minority nominating organisations and minority candidates may have common compensation lists."

(2) The following provision shall substitute paragraph §3) of § 50. of Övjt.:

"(3) Single-member constituency minority candidates may resign in writing of candidature on a minority compensation list."

§ 164. The following provision shall be added to paragraph §3) of § 50/C. of Övjt.:

"(3) Voters may at most vote for as many candidates as the minority municipality may have members on ballot-papers."

§ 165. The following provision shall substitute § 55. of Övjt.:

" § 55. Elections are to be designed in a manner that they shall not fall on a national holiday or a day preceding or following such."

§ 166. The following provision shall substitute paragraph (2) of § 59. of Övjt.:

"(2) The number of inhabitants shall be determined on the basis of the data of the local authority of records on personal data and addresses on the 60th day before election day for the determination of the number of members of settlement and local minority municipality representative board."

§ 167. The following provision shall substitute item a) of § 211. of the act of the year 1978. IV. on the Penal Code and the following item b) shall be added thereto; the present items b)-f) shall be modified to c)-g):

"a) obtaining recommendation by violating the rules of nomination procedure using violence, threat, cheat or bribe,

b) obtaining signature for a referendum or a popular initiative using violence, threat, cheat or bribe,"

§ 168. The following paragraph (2) shall be added to § 110. of the act of the year 1990. LXV. on local municipalities and present words shall obtain the numbering paragraph (1):

"(2) Decisions on organisation of area according to item a) of § 96. may not be performed in years of election of members of parliament, local municipality representatives and mayors and in the period from the call for the elections until election day."

§ 169. The following provision shall substitute paragraph §1) of § 34 of Szaz. tv.:

"(1) Voters are bound to give their personal identification to organisations and citizens collecting signatures for support of initiatives for a referendum and popular initiative or recommendations for candidates in the electoral procedure upon exercising his or her right to initiate and to nominate candidates."

§ 170. The following provision shall substitute item d) of § 36. of Szaz. tv.:

"d) organisation or person organising an initiative for a referendum or popular initiative upon handing signatures collected over to the president of the National Electoral Committee or the mayor §capital mayor);"

Árpád Göncz				Dr Zoltán Gál
President of the Republic				President of Parliament

Appendix 1. of the act of the year 1997. C.

Wording of the oath taken by members of electoral authorities and electoral offices

"I,............................. swear that I shall keep provisions of rules related to elections, referenda and popular initiatives and the Constitution and have these kept. I shall perform my duties and charges at my best ability, conscientiously for the benefit of my Country.

(according to the conviction of the swearer)

So help me God!"

Appendix 2. of the act of the year 1997. C.

(Sample ballot-paper of parliamentary single-member constituencies)

Ballot-paper

Election of member of parliament

...... (year) .............................. (month) ......................... (day)

....................................... (county)

.......................................... number of constituency

Only one candidate may be validly voted for!

(name of candidate)	O		(name of nominating organisation)
(name of candidate)	O		(name of nominating organisation)
(name of candidate)	O		(name of nominating organisation)
(name of candidate)	O		independent candidate
(name of candidate)	O		(name of nominating organisation)
(name of candidate)	O		(name of nominating organisation)
(name of candidate)	O		(name of nominating organisation)

Candidates may be voted for by placing two intersecting lines in the circle beside his or her name, for instance: X;+.

(Upon request of nominating organisations abbreviation, black and white symbol or badger must be indicated on ballot-papers beside their name registered by court. In case of common candidates the names of all nominating organisations shall be indicated.)

Appendix 5. of the act of the year 1997. C.

(Sample ballot-paper for local municipality elections in single-member constituencies.)

Ballot-paper

Election of local municipality representative

...... (year) .............................. (month) ......................... (day)

....................................... (county)

.......................................... number of constituency

Only one candidate may be validly voted for!

(name of candidate)	O		(name of nominating organisation)
(name of candidate)	O		(name of nominating organisation)
(name of candidate)	O		(name of nominating organisation)
(name of candidate)	O		independent candidate
(name of candidate)	O		(name of nominating organisation)
(name of candidate)	O		(name of nominating organisation)
(name of candidate)	O		(name of nominating organisation)

Candidates may be voted for by placing two intersecting lines in the circle beside his or her name, for instance: X;+.

(Upon request of nominating organisations abbreviation, black and white symbol or badger must be indicated on ballot-papers beside their name registered by court. In case of common candidates the names of all nominating organisations shall be indicated.

In case of candidates registered by the electoral authority as a national or ethnic minority candidate the name of the minority shall be indicated on ballot-papers. Upon request of minority candidates or minority nominating organisations the name of candidates, minority nominating organisations and minority shall be indicated in ballot-papers in the language of the given minority.)

Appendix 6. of the act of the year 1997. C.

(Sample ballot-paper for elections of mayors and capital mayors)

Ballot-paper

Election of mayor/capital mayor

...... (year) .............................. (month) ......................... (day)

....................................... (county)

.......................................... number of constituency

Only one candidate may be validly voted for!

(name of candidate)	O		(name of nominating organisation)
(name of candidate)	O		(name of nominating organisation)
(name of candidate)	O		(name of nominating organisation)
(name of candidate)	O		independent candidate
(name of candidate)	O		(name of nominating organisation)
(name of candidate)	O		(name of nominating organisation)
(name of candidate)	O		(name of nominating organisation)

Candidates may be voted for by placing two intersecting lines in the circle beside his or her name, for instance: X;+.

(Upon request of nominating organisations abbreviation, black and white symbol or badger must be indicated on ballot-papers beside their name registered by court. In case of common candidates the names of all nominating organisations shall be indicated.)

Appendix 7. of the act of the year 1997. C.

(Sample ballot-paper for list election of capital/county general assembly.)

Ballot-paper

Election of members of capital/... county general assembly

...... (year) .............................. (month) ......................... (day)

....................................... (county)

.......................................... number of constituency

Only one candidate may be validly voted for!

1.		2.		X.
O		O		O
(name of nominating organisation)		(name of nominating org.)		(name of nom.)
(name of candidate)		(name of candidate)		(name of c.)
(name of candidate)		(name of candidate)		(name of c.)
(name of candidate)		(name of candidate)		(name of c.)
(name of candidate)		(name of candidate)		(name of c.)
(name of candidate)		(name of candidate)		(name of c.)

Lists may be voted for by placing two intersecting lines in the circle beside its name, for instance: X;+.

(Upon request of nominating organisations abbreviation, black and white symbol or badger must be indicated on ballot-papers beside their name registered by court. In case of common candidates the names of all nominating organisations shall be indicated.

In case the number of lists justifies it, lists are to be arranged in two rows on ballot-papers.)

Appendix 8. of the act of the year 1997. C.

§sample ballot-paper for local minority municipality elections.)

Ballot-paper

Election of local minority municipality representatives

...... (year) .............................. (month) ......................... (day)

....................................... (county)

.......................................... number of constituency

Only ...... candidate§s) of one minority may be validly voted for!

(name of minority)		(name of minority)		(name of minority)
(name of c. or nom. org.)		(name of c. or nom. org.)		(name of c. or nom. org.)
(name of c. or nom. org.)		(name of c. or nom. org.)		(name of c. or nom. org.)
(name of c. or nom. org.)		(name of c. or nom. org.)		(name of c. or nom. org.)
(name of c. or nom. org.)		(name of c. or nom. org.)		(name of c. or nom. org.)
(name of c. or nom. org.)		(name of c. or nom. org.)		(name of c. or nom. org.)

Candidates may be voted for by placing two intersecting lines in the circle beside his or her name, for instance: X;+.

(Upon request of nominating organisations abbreviation must be indicated on ballot-papers beside their name registered by court.

Upon request of candidates or nominating organisations the name of candidates, nominating organisations and minority shall be indicated in ballot-papers in the language of the given minority.)

Appendix 9. of the act of the year 1997. C.

(Sample ballot-paper for referendum)

Ballot-paper

National/local referendum

...... (year) .............................. (month) ......................... (day)

....................................... (in case of local referendum name of settlement)

Only one answer may be validly voted for §for each question)!

Question 1.: ..................................................................................................
	YES					NO
	O					O
Question 2.: ..................................................................................................
Answer 1.							O
Answer 2.							O
Answer 3.							O

Answers may be voted for by placing two intersecting lines in the circle beside it, for instance: X;+.

_____________________________________________

* This act was passed by the Parliament at its session on the 14th October 1997.